Wagstaff Piling Pty Ltd

[2013] FWCA 5013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagstaff Piling Pty Ltd
(AG2013/1959)

WAGSTAFF PILING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 JULY 2013

Application for approval of the Wagstaff Piling Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wagstaff Piling Pty Ltd applied to the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2013. The applicant sought to have the agreement approved as a safety net agreement under the Fair Work Act 2009. The Australian Workers’ Union was the respondent to the application.

The Commission was required to determine whether the agreement satisfied the safety net provisions of the Act, including whether it provided for minimum rates of pay and conditions that were no less favourable than those provided for in the relevant awards. The applicant also needed to demonstrate that the agreement was made in good faith and that there was a genuine intention to give effect to the agreement.

The Commission found that the agreement met the safety net requirements, provided for minimum rates of pay and conditions that were no less favourable than those in the relevant awards, and was made in good faith. The Commission also found that the agreement was consistent with the public interest and did not have an adverse effect on the operation of the safety net. The application was approved, and the agreement was registered as a safety net agreement.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2013 as a safety net agreement, effective from 1 January 2013. The agreement was registered, and the parties were directed to take all reasonable steps to give effect to the agreement. The Commission also ordered that a copy of the approved agreement be served on the parties and filed with the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established